Texas Specialty Courts

Overview

Texas Specialty Courts combine rigorous monitoring and supervision with intensive community-based treatment services to reduce recidivism, prevent incarceration, and promote recovery. In 1990, the first specialty drug court was established in the State of Texas. These specialized courts cover distinct populations and offenses: drug courts (adult and juvenile), family drug courts, veterans’ treatment courts, mental health courts, commercially sexually exploited persons (prostitution) courts and “problem solving courts” which combine elements of more than one type due to co-occurring issues in participants. The goal of these courts is essentially to divert the defendant from the criminal justice system and to assure the defendant receives access to the treatment and social programs necessary for the person’s success within the community. Currently, funded by the Criminal Justice Division (CJD) and other state agencies, there are close to 200 specialty courts in the state. Each type of court has its own enabling statute found in Texas Government Code, Subtitle K. Explore the statues below to find out more about specialty courts.

A Family Drug Court Program refers to a program with the following essential characteristics:

  1. the integration of substance abuse treatment services in the processing of civil cases in the child welfare system with the goal of family reunification;
  2. the use of a comprehensive case management approach involving Department of Family and Protective Services caseworkers, court-appointed case managers, and court-appointed special advocates to rehabilitate a parent who has had a child removed from the parents care by the department because of suspected child abuse or neglect and who is suspected of substance abuse;
  3. early identification and prompt placement of eligible parents who volunteer to participate in the program;
  4. comprehensive substance abuse needs assessment and referral to an appropriate substance abuse treatment agency;
  5. a progressive treatment approach with specific requirements that a parent must meet to advance to the next phase of the program;
  6. monitoring of abstinence through periodic alcohol or other drug testing;
  7. ongoing judicial interaction with program participants;
  8. monitoring and evaluation of program goals and effectiveness;
  9. continuing interdisciplinary education to promote effective program planning, implementation, and operations; and
  10. development of partnerships with public agencies and community organizations.

Texas Government Code Sec. 122.001

These programs have the following essential characteristics:

  1. the integration of alcohol and other drug treatment services in the processing of cases in the judicial system;
  2. the use of a nonadversarial approach involving prosecutors and defense attorneys to promote public safety and to protect the due process rights of program participants;
  3. early identification and prompt placement of eligible participants in the program;
  4. access to a continuum of alcohol, drug, and other related treatment and rehabilitative services;
  5. monitoring of abstinence through weekly alcohol and other drug testing;
  6. a coordinated strategy to govern program responses to participants compliance;
  7. ongoing judicial interaction with program participants;
  8. monitoring and evaluation of program goals and effectiveness;
  9. continuing interdisciplinary education to promote effective program planning, implementation, and operations; and
  10. development of partnerships with public agencies and community organizations.

Texas Government Code Sec. 123.001

DWI/DUI Court (drug court programs exclusively for certain intoxication offenses):

  1. The commissioners court of a county may establish under this chapter a drug court program exclusively for persons arrested for, charged with, or convicted of an offense involving the operation of a motor vehicle while intoxicated;
  2. A county that establishes a drug court program under this chapter but does not establish a separate program under this section must employ procedures designed to ensure that a person arrested for, charged with, or convicted of a second or subsequent offense involving the operation of a motor vehicle while intoxicated participates in the county’s existing drug court program.

Texas Government Code Sec. 123.005

Use of Other Drug and Alcohol Awareness Programs:

  1. In addition to using a drug court program established under this chapter, the commissioners court of a county or a court may use other drug awareness or drug and alcohol driving awareness programs to treat persons convicted of drug or alcohol related offenses.

Texas Government Code Sec. 123.007

Veteran’s Treatment Court programs have the following essential characteristics:

  1. the integration of services in the processing of cases in the judicial system;
  2. the use of a nonadversarial approach involving prosecutors and defense attorneys to promote public safety and to protect the due process rights of program participants;
  3. early identification and prompt placement of eligible participants in the program;
  4. access to a continuum of alcohol, controlled substance, mental health, and other related treatment and rehabilitative services;
  5. careful monitoring of treatment and services provided to program participants;
  6. a coordinated strategy to govern program responses to participants compliance;
  7. ongoing judicial interaction with program participants;
  8. monitoring and evaluation of program goals and effectiveness;
  9. continuing interdisciplinary education to promote effective program planning, implementation, and operations;
  10. development of partnerships with public agencies and community organizations, including the United States Department of Veterans Affairs; and
  11. inclusion of a participants family members who agree to be involved in the treatment and services provided to the participant under the program.

Texas Government Code Sec. 124.001

Mental Health Court Programs have the following essential characteristics:

  1. the integration of mental illness treatment services and mental retardation services in the processing of cases in the judicial system;
  2. the use of a nonadversarial approach involving prosecutors and defense attorneys to promote public safety and to protect the due process rights of program participants;
  3. early identification and prompt placement of eligible participants in the program;
  4. access to mental illness treatment services and mental retardation services;
  5. ongoing judicial interaction with program participants;
  6. diversion of potentially mentally ill or mentally retarded defendants to needed services as an alternative to subjecting those defendants to the criminal justice system;
  7. monitoring and evaluation of program goals and effectiveness;
  8. continuing interdisciplinary education to promote effective program planning, implementation, and operations; and
  9. development of partnerships with public agencies and community organizations, including local mental retardation authorities.

Commercially Sexually Exploited Persons Programs have the following essential characteristics:

  1. the integration of services in the processing of cases in the judicial system;
  2. the use of a nonadversarial approach involving prosecutors and defense attorneys to promote public safety, to reduce the demand for the commercial sex trade and trafficking of persons by educating offenders, and to protect the due process rights of program participants;
  3. early identification and prompt placement of eligible participants in the program;
  4. access to information, counseling, and services relating to sex addiction, sexually transmitted diseases, mental health, and substance abuse;
  5. a coordinated strategy to govern program responses to participant compliance;
  6. monitoring and evaluation of program goals and effectiveness;
  7. continuing interdisciplinary education to promote effective program planning, implementation, and operations; and
  8. development of partnerships with public agencies and community organizations.